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(영문) 창원지방법원 진주지원 2017.07.11 2017고단173
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person entrusted by the victim F, who is the actual owner of each forest located in Gyeong-dong, Dong-dong, D, and E, with the design and construction of forest roads in the above forest, bridge construction works, trees, tree planting, forest land management, etc. for the above forest and management and enforcement of the construction cost, etc. received from the injured party.

On April 28, 2014, the Defendant was managed by the Defendant from the damaged person under the pretext of the construction cost of each forest.

G From November 23, 2015, the sum of KRW 64,500,000, which was received from the injured party for each forest and land work price as shown in the annexed crime list, was used for the personal purpose, from around four times until November 23, 2015, while the victim was kept in custody for the victim with remittance of KRW 20,00,000,000, from the defendant's birth on the same day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Complaint;

1. Each investigation report (limited to attachment of a copy of a bankbook, a detailed statement of deposit transactions, investigation into the J counterpart telephone, and investigation into the K counterpart telephone);

1. Investigation reports (report on attachment of data verifying the collection of wastes);

1. Application of Acts and subordinate statutes regarding account transactions;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - The confession of the crime and the recovery of reflectivity, partial damage (deposit of KRW 20,00,00), the same kind or suspended sentence shall not be exceeded;

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